David Lyon

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The Supreme Court has dismissed an application for review of judgment which sacked the governorship candidate of the All Progressive Congress (APC) in Bayelsa State, David Lyon and his deputy, Senator BiobarakumaDegi-EremienyoThe apex court sacked Mr Lyon on February 13, on the grounds that his deputy submitted forged certificates to INEC. The court ruled that Senator Degi Eremienyo's disqualification had affected the joint ticket which he and Lyon contested with and won on November 16, 2019.

During the proceeding on Wednesday, February 26, Mr Lyon and his party who were represented by AfeBabalola and Mr Wole Olaniupekun urged the court to review and set aside its earlier judgment which voided participation in the November 16 governorship election. 

Babalola stated that the Supreme Court has inherent powers to set aside its own decision because the judgement was a nullity on account of denial of fair hearing. Meanwhile, Mr Olanipekun on his part, argued that the apex court erred in law when it invoked section 36 of the Electoral Act to disqualify the APC's participation in the election when the Federal High Court judgement restored by the Supreme Court did not disqualify the party's eligibility.

However, counsel to the Peoples Democratic Party (PDP), TayoOyetibo informed the court that the application by the APC and its governorship candidate is a dangerous invitation to the Supreme Court for it to sit on appeal over its own matter thereby contravening section 285 of the 1999 constitution.

Subsequent upon entertaining arguments from parties in the matter, Justice AminaAugie who read the judgement said the application lacked merit and the decisions of the court is final . she noted that the applicants failed to point out errors, stating that the judgment is final for all ages and no court on earth can review the judgment.

"There must be an end to ligation as the permission for a review of the judgment will amount to further counter reviews by disaffected litigants which will erode the finality of the apex court."

The judge added that the applications are frivolous and vexatious and awarded the cost of N10 million against the applicants to be personally paid by their counsel. Justice Augie further directed that the counsels of APC and Mr Lyon are to each pay governor DouyeDiri, his deputy Mr Lawrence Ewhrujakpo and the PDP the same N10 million.